Religious Freedom And The Neutrality Of The State


Religious Freedom And The Neutrality Of The State
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Religious Freedom And The Neutrality Of The State


Religious Freedom And The Neutrality Of The State
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Author : W. A. R. Shadid
language : en
Publisher: Peeters Publishers
Release Date : 2002

Religious Freedom And The Neutrality Of The State written by W. A. R. Shadid and has been published by Peeters Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Freedom of religion categories.


The permanent presence of Islam and Muslims is a comparatively recent phenomenon in most countries of the European Union. Over the last few decades many initiatives have been launched by Muslim communities in the European Union to create infrastructural provisions for their religious life, within the existing legal and social frameworks. In fact, all countries of the European Union share the principles of religious freedom and non-discrimination in their respective Constitutions. However, the precise way in which these principles are interpreted and applied to Islam depends largely on the historical traditions concerning the relation between State and Religion, which differ from one country to another. These differences are reflected in recent developments in the communication between the States and their Muslim communities, both at national, regional and municipal levels. They are also reflected in recent developments in legislation and jurisprudence concerning the most essential Islamic core-values, such as dietary laws, the precepts on modest dress, Islamic burial practices and the possibilities to found Islamic cemeteries, as well as the observance of Friday prayers and annual holidays. Looking at the legal position of Islam in the countries of the European Union, the authors of this volume discuss the challenges posed by the presence of Islam to the Western European system of relationships between law and religion. They argue, that these challenges necessitate reforms within the relevant European legislation, but differ as to their precise nature. They also discuss the difficulties of this task, as these adjustments will alter a longstanding balance of rights and privileges recognised by different religious denominations. Legal reforms, however, are not sufficient. The creation of a truly multicultural Europe also necessitates fighting against the negative image of Islam and Muslims (anti-Muslimism or Islamophobia) prevailing in most of its member states.



Freedom Of Religion Or Belief


Freedom Of Religion Or Belief
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Author : Danny Schäfer
language : en
Publisher: LIT Verlag Münster
Release Date : 2012

Freedom Of Religion Or Belief written by Danny Schäfer and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Political Science categories.


The European Federation of Centers of Research and Information on Sectarianism (FECRIS) unites 25 European organizations to fight against minorities of religion or beliefs that they label as sects. This book focuses on the FECRIS member associations in five European countries: France, the cradle of laicite; Austria and Germany, where public powers and dominant churches lead a common struggle against sects; and Serbia and Russia, two Orthodox countries in which FECRIS member associations include Orthodox missionary departments. Can their activities be reconciled with the public funding granted to FECRIS and its affiliates, as well as the international standards to guarantee freedom of religion and belief? This is the question addressed in this volume. (Series: Religion - State - Society / Religion - Staat - Gesellschaft. Journal for the Study of Beliefs and Worldviews)



Liberal Neutrality And State Support For Religion


Liberal Neutrality And State Support For Religion
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Author : Leni Franken
language : en
Publisher: Springer
Release Date : 2016-05-18

Liberal Neutrality And State Support For Religion written by Leni Franken and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Philosophy categories.


This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models.



State Religion Relationships And Human Rights Law


State Religion Relationships And Human Rights Law
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Author : Jeroen Temperman
language : en
Publisher: BRILL
Release Date : 2010-05-17

State Religion Relationships And Human Rights Law written by Jeroen Temperman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-17 with Law categories.


This book presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people’s fundamental right to be governed, at all times, in a religiously neutral manner.



Toward Benevolent Neutrality


Toward Benevolent Neutrality
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Author : Robert Thomas Miller
language : en
Publisher:
Release Date : 1987

Toward Benevolent Neutrality written by Robert Thomas Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Political Science categories.




Religion State Relations In The United States And Germany


Religion State Relations In The United States And Germany
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Author : Claudia E. Haupt
language : en
Publisher: Cambridge University Press
Release Date : 2011-12-08

Religion State Relations In The United States And Germany written by Claudia E. Haupt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with Law categories.


This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated.



Religious Freedom In The Liberal State


Religious Freedom In The Liberal State
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Author : Rex Ahdar
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21

Religious Freedom In The Liberal State written by Rex Ahdar and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.


Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.



State Neutrality


State Neutrality
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Author : Kerry O'Halloran
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-21

State Neutrality written by Kerry O'Halloran and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-21 with Law categories.


O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.



Positive Neutrality


Positive Neutrality
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Author : Stephen Monsma
language : en
Publisher: Praeger
Release Date : 1993

Positive Neutrality written by Stephen Monsma and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.


Church-state relations are becoming more and more critical. Deepening controversies over church-state relations, the increasing religious pluralism of American society, and the changing makeup of the Supreme Court are forcing a rethinking of approaches to church and state in the public policy realm. Stephen Monsma offers a new approach rooted in structural pluralism as a normative way to understand church-state relations. He suggests that the government should use a principle of positive neutrality in handling church-state relations. He integrates historical, theoretical, social, and legal perspectives and writes in a lively manner for interdisciplinary audiences of students, scholars, and general readers. This study provides an historical background of church and state relations in American society and discusses the development of church-state theory and practice. The author argues that confusions today can be traced back to flaws in the disestablishment settlement of the eighteenth century, flaws which have come to light in the twentieth century. He looks at this pluralist society and the concept of positive neutrality and of religious freedom historically and theoretically and then applies his approach to current issues relating to national policy and Supreme Court decision-making.



The Troubled Relationship Between Religions And The State


The Troubled Relationship Between Religions And The State
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Author : Andras Koltay
language : en
Publisher: Oxford Legal Publishing
Release Date : 2021-12-24

The Troubled Relationship Between Religions And The State written by Andras Koltay and has been published by Oxford Legal Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with categories.


The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'speaker' on matters of religion, in which case the state might be subject to special restrictions. Although their ideological and constitutional foundations seem stable, the extent of freedom of religion and freedom of speech have repeatedly been the subject of public debates because of social and political changes in a dynamically transforming Europe. Identifying the precise demarcation lines between these rights by means of the law is not a task that has been accomplished completely or for all time. The increasing rate of immigration, with a resulting involuntary cohabitation of various religious cultures, as well as the continual weakening of the Christian character of the continent make it critical to find the right responses to the questions discussed in this book, both in the individual European legal systems and at the level of the European community of states and of the European system of protecting human rights. The first and second chapters of the book discuss the appearance of religions in the public sphere and in public education. Traditionally, the state is not a subject of fundamental rights, and yet it takes a position on questions relating to religion, which-no matter how we explain it-is a type of 'speech'. This raises the question of how such speech can be restricted, or 'where are the limits on the "freedom of speech" of the state'? The role of the state might be to defend or even shape the community identity of its citizens. Chapters 3 and 4 discuss the restriction of opinions with religious content. Chapter 3 analyses the restrictions on wearing symbols and clothing imposed by both the state and private entities, whereas Chapter 4 discusses the regulation of publishing religious advertisements in the media. Unlike the issues related predominantly to Christianity discussed in the first two chapters, the questions of wearing symbols and clothing also involve the restrictions of opinions expressed by followers of Islam. Chapter 5 of the book is dedicated to questions relating to defamation of religions and blasphemy. The topicality and significance of these issues became obvious after the tragic events in Paris on January 2015, where many were killed in an attack against the editorial offices of the magazine Charlie Hebdo. The books touches upon certain types of conduct which are rooted in religious conviction and may have legal consequences, but which, in the absence of an expressive content, do not belong to the sphere of freedom of speech. Examples of this include doctors refusing to carry out an abortion, or registrars unwilling to administer the marriage of same-sex couples. since we do not regard such types of conduct as relating to the freedom of speech, they are not discussed in this book. Andras Koltay's seminal monograph tackles these and other issues. It is a magisterial work, possibly the best exposition of the subject available today.